Lenovo Group Limited & Ors v Telefonaktiebolaget LM Ericsson & Anor

Lenovo Group Limited & Ors v Telefonaktiebolaget LM Ericsson & Anor

Ericsson breached its obligation of good faith under clause 6.1 of the ETSI IPR Policy by pursuing injunctive relief in foreign jurisdictions despite Lenovo's enforceable undertaking to enter into a FRAND cross-licence as determined by the Patents Court. A willing licensor in Ericsson's position would grant an interim licence pending final determination, and a declaration to that effect serves a useful purpose and does not offend comity.

Parties
Appellant/claimant: Lenovo Group Limited; Appellant/claimant: Lenovo (United States) Inc.; Appellant/claimant: Lenovo Technology (United Kingdom) Limited; Appellant/claimant: Motorola Mobility LLC; Appellant/claimant: Motorola Mobility UK Limited; Respondent/defendant: Telefonaktiebolaget LM Ericsson (Publ); Respondent/defendant: Ericsson Limited
Jurisdiction
England and Wales
Judgment Date
28 February 2025
Procedural Posture
Civil Appeal / Appeal From High Court (patents Court) to Court of Appeal
Outcome
Appeal allowed
Legal Topics
Standard Essential Patents (seps), FRAND Licensing, Good Faith Negotiation, Interim Relief, Jurisdiction and Comity
Intellectual Property Law Contract Law Civil Procedure Standard Essential Patents (seps) FRAND Licensing Good Faith Negotiation Interim Relief Jurisdiction and Comity

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 13 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Lenovo Group Limited

Appellant/claimant

Lenovo (United States) Inc.

Appellant/claimant

Lenovo Technology (United Kingdom) Limited

Appellant/claimant

Motorola Mobility LLC

Appellant/claimant

Motorola Mobility UK Limited

Appellant/claimant

Telefonaktiebolaget LM Ericsson (Publ)

Respondent/defendant

Ericsson Limited

Respondent/defendant

Procedural Posture

Civil Appeal / Appeal From High Court (patents Court) to Court of Appeal

Legal Issues

  1. 1 Whether a willing licensor of SEPs would grant an interim licence pending FRAND determination
  2. 2 Whether Ericsson breached its obligation of good faith under the ETSI IPR Policy
  3. 3 Whether a declaration for an interim licence serves a useful purpose and is consistent with comity

Ratio Decidendi

Ericsson breached its obligation of good faith under clause 6.1 of the ETSI IPR Policy by pursuing injunctive relief in foreign jurisdictions despite Lenovo's enforceable undertaking to enter into a FRAND cross-licence as determined by the Patents Court. A willing licensor in Ericsson's position would grant an interim licence pending final determination, and a declaration to that effect serves a useful purpose and does not offend comity.

Court Disposition

Appeal allowed

Orders

  • Declaration granted that a willing licensor in Ericsson's position would enter into an interim licence with Lenovo pending FRAND determination, on terms set out in the judgment.
  • The sum payable by Lenovo under the interim licence is to be the mid-point between the parties' offers, adjustable in accordance with the Patents Court's final determination.